Possible Defenses Against Wage Garnishment in California
In California, there are three ways to stop others from garnishing your wages:
- File an objection to the garnishment order
- Claim an exemption
- File for bankruptcy
While many people who file for chapter 7 bankruptcy do so to avoid an impending garnishment of their paychecks, it is an unnecessarily drastic measure. Simply exercising your rights as a party to a lawsuit related to your debts can often stop a wage garnishment entirely or reduce the amount that the creditor takes each pay period.
How to Object to a Wage Garnishment
Before a creditor can garnish your wages, the creditor must notify you by sending you an earnings withholding order. It must state the amount the employer is to deduct from your paycheck each pay period and how the amount was calculated. The documents must also state why the creditor is garnishing your wages. You may challenge the practice and stop a wage garnishment by filing an objection with the court. In your objection, you must state why the creditor does not deserve to take your hard-earned paycheck. The following are some arguments you might make in your request to stop a wage garnishment:
- The creditor did not give you proper notice before garnishing your paychecks
- The garnishment amount is incorrect according to the legal guidelines
- You have already repaid the debt and no longer owe the creditor, by challenging the judgment that enabled the creditor to have your paychecks garnished
Do You Need a Lawyer to Stop a Wage Garnishment?
You probably do not need a lawyer to stop a wage garnishment. When the court receives your documents objecting to the garnishment of your wages, it will schedule a hearing. You must attend the hearing in person, or else the court will rule in favor of your creditor. You do not need a lawyer, though, if your documents are strong enough to present your case clearly.
Professionally Prepared Legal Documents
You may want to hire a professional to help stop a pending wage garnishment and prepare your objection. Using a legal document assistant to help prepare the necessary documents is well worth the money and is less expensive than hiring a lawyer. Contact A People’s Choice for help stopping a wage garnishment and prepare an objection to a court order to garnish your paycheck. Call us today at 800-747-2780.